Is it legal for him to have stopped me without any reason? 10 Answers as of April 30, 2013

I currently have a worker’s license due to a prior DUI. I am allowed to drive between 6am and 6pm. Normally I am home from work by 5pm but today we ran into some issues at a jobsite and I was delayed. It was approximately 7:40pm when I was pulled over. I pulled into a gas station. The officer approached my vehicle and his first statement was confirming my name, which he already knew. Apparently he ran the tag on my vehicle prior to pulling me over. I had made no traffic violations so did not know why he was pulling me over. He then proceeded to ask/confirm that I had a prior DUI. All information he already knew but asked his questions in statement format. He had my car towed, gave me no info on where it was towed and no citation. Simply stated I would receive something in the mail. He also searched my vehicle and I did not think this was right either. He found nothing.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Well you were driving it outside of the time allowed for you to drive it. Get something form work and see about getting the matter dismissed.
Answer Applies to: Michigan
Replied: 4/30/2013
The Rogers Law Firm
The Rogers Law Firm | Andrea Storey Rogers
Police officers are allowed to scan the license plates of cars to see if the tags are expired, if the driver has an arrest warrant or his license is suspended, etc. He can search your vehicle without a warrant and without your consent if he has probable cause to believe a crime is being committed or the vehicle contains contraband.
Answer Applies to: Missouri
Replied: 4/29/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
He had a reason to stop you, which he got from running your name through the database, and finding out you were revoked. You had a work permit, but you were out of the time limits of the permit. Technically, he had a right to do what he did, but you may catch a break when you go to court, but be sure to hire a good defense lawyer to represent you, who can explain to the prosecutor why you were out of the time scope of your permit.
Answer Applies to: Illinois
Replied: 4/28/2013
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
The officer was absolutely right to stop you. He did have reason. You were violating the terms of your occupational license. Per your own admission, you can drive between 6 am and 6 pm. It was 7:40 pm. Well beyond the time when you should have stopped driving. The officer knew this because it was in the data records and came up when he ran your license. Consider yourself lucky he did not arrest you. I suspect that you will be hearing from the court for a violation of your sentencing order.
Answer Applies to: Washington
Replied: 4/26/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You are funny. First, the officer knew exactly who you were. So, he was stopping you because he knew you were driving on a limited driving permit at a time when you were not allowed to drive. The permit is good until 6:00 p.m. You are at the gas station at 7:40 p.m. Therefore, you have broken the law. At that point you can be arrested and your vehicle towed. Before the vehicle is towed the officer can do an inventory search. You have two choices: (1) RETAIN AN ATTORNEY; or (2) get a real education about the law. Because in your current state, you are going to continue to have problems.
Answer Applies to: Georgia
Replied: 4/26/2013
    Gates' Law, PLLC | Thomas E. Gates
    It did have a right to pull you over, since he suspected a driving with suspend license infraction. And, that is what he found.
    Answer Applies to: Washington
    Replied: 4/26/2013
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    He had good reason to pull you over. You were not supposed to drive after 6 pm. Your work problems did not give you the right to ignore the restrictions on your license. I do not believe the search of your car was justified. You will get a desk summons and you will need to appear before a judge to clear this up. You should hire a lawyer because this will be very difficult for you to handle alone
    Answer Applies to: New York
    Replied: 4/26/2013
    William L. Welch, III Attorney | William L. Welch, III
    Sometimes people who are stopped are unaware that they have committed a traffic infraction, which would give the officer probable cause to stop. Ultimately, sentencing depends on whether you're found guilty, your record, how serious these are in the court's eyes, mitigation, and allocution. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence. Consider seeking a confidential consultation with an experienced criminal defense attorney. Beware that online posts are not confidential. If somehow the prosecution were to find your post, then it might be used in evidence against you.
    Answer Applies to: Maryland
    Replied: 4/26/2013
    Kevin H Pate
    Kevin H Pate | Kevin H Pate
    The officer approached you already knowing your name. The driving license database would reflect your limited license status. According to you, your driving authority falls only between 6a - 6p only. You were stopped at 7:40p. The notion of being stopped for no reason seems somewhat off based on your facts. He did not permit you to drive on home because you had no valid license until 6a the next day. When a vehicle is towed, an inventory search is typically conducted. It does seem a bit strange that you would not be issued a citation for operating a vehicle without a valid license.
    Answer Applies to: Oklahoma
    Replied: 4/26/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    That is a good question. The issue is whether there was probable cause to believe that criminal activity was happening. This will be decided by the Judge on a motion to suppress. Let us know if we can help.
    Answer Applies to: Virginia
    Replied: 4/26/2013
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